May 18, 2021 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , May 18 , 2021 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , May 18 , 2021 at 6 00 pm in the Johnston County Public Library , Smithfield , with the following members Present Allan DeLaine , Will Letchworth , Adam Caldwell , Nicole Hackler , Michelle Pace Davis , Brooke Holmes , Denise Byrd , Freddie Hudson Jr , BOCC Representative Larry Wood Absent Matthew Moore , BOE Representative Also present Braston Newton , Director ; Todd Marr , Planner ; Cameron Pittman , Planning Technician ; Jennifer Slusser , County Attorney Chairman DeLaine opened the meeting at 6 00 pm with the Pledge of Allegiance Approval of the Minutes Upon a motion by Ms Byrd to approve the April 20th Planning Board Minutes , seconded by Ms Holmes and carried by a unanimous vote of 7 - 0 , the April 20th , 2021 Planning Board Minutes were approved as presented All speakers were sworn in Michelle Pace Davis arrived at 6 17 pm Subdivisions Carolina Packers Tract Subdivision Owner Carolina Packers , Inc Developer Jones Creek , LLC Surveyor Freedom Firm PC Acreage Lots 7634 acres , 45 lots Tax ID 07G09073 Location 12000 Block of Raleigh Rd 1PageMr Marr introduced the case and referenced the above information He stated that this subdivision was previously denied by the Planning Board on March 16 , 2021 due to stormwater issues Mr Chip Hewitt , Attorney Representing the Owner Developer , stated he believes there may have been some misunderstanding at the March meeting as he has read through the minutes and it appears there were three issues lot size issue , hog farm location issue and a stormwater runoff issue , he continued He has asked that Mr Carlos Bagley explain more in detail the three issues in hopes the questions the Board had before will be answered Mr Carlos Bagley passed out 4 exhibits to the Board He stated he is the Engineer for this site and added that he has been a licensed engineer in the state of NC since 2014 Mr Hewitt explained the exhibits , starting with the large paper of exhibit # 1 Exhibit # 2 will be 2 photographs , exhibit # 3 is the storm water report that has been prepared and exhibit # 4 is the soil report , he stated Mr Bagley stated the proposed subdivision will meet the 30,000 sq ft minimum lot size He added that 07 units per acre was standard with this subdivision , most being close to an acre Exhibit # 1 showed the distance from the hog farm to the proposed subdivision and referenced the other 5 subdivisions nearby that have been approved Pebble Creek Subdivision is approximately 1800 ft from the hog farm This proposed subdivision is 2900 ft away , he added He continued by discussing the VAD located nearby as shown in the exhibit The flow of water was discussed as pervious and impervious surfaces Exhibit # 2 was explained by Mr Bagley as being drone photos showing area from above The area is currently being used as farmland , he stated The stormwater and soil report , exhibits # 3 and # 4 , were explained in detail as to what was included He added they would have less than 10 runoff The Board briefly discussed the flood plain area Ms Hackler stated that she would like to have seen all the exhibits upfront , prior to tonight’s meeting so more thought could be put into any decision Mr Hewitt responded that in looking back at other meetings , he has not seen where information was provided ahead of time but if that is a requirement then they would be glad to do so in the future Ms Hackler stated it was not a requirement but it was a courtesy Mr Stacy Johnson and Mr Curtis Johnson , owners of C and S Farms hog farm , stated they have learned more tonight at the meeting than the last meeting but it is hard to believe that there will be less runoff down the road than now They have concerns with the boundaries and back up lots to the farm He believes things need more attention such 2Pageas the neighbors and how it will bring conflict between their farm and the new residents There are also concerns about traffic and water from the creek overflowing Their hope is the engineers will take care of the water runoff as they have stated and the County will make sure all the requirements are met He concluded that they do not want the new residents having conflict with the smell that they will encounter The farm does not want to deal with the consequences as the farm has been there a long time and was there before the residents were Mr DeLaine explained the position of the Board and if requirements are met then the Board must approve Mr Letchworth added that the County has a comprehensive plan which answers most of the questions Mr Johnson has , how it is being updated and stated that all residents with concerns on growth should be active participants in any public meetings relating to the new , updated comprehensive land use plan Mr Bagley stated that they plan to do everything the right way Ms Davis added that the hog farm may want to apply to become a VAD Mr Johnson stated that the paperwork was in the works Ms Hackler asked when Pebble Creek subdivision was approved Mr Newton stated it was approved 3 20 15 Ms Byrd asked Mr Hewitt if the realtors have to disclose on the paperwork that the home borders a hog farm Mr Hewitt replied no , it is not a requirement , however if the buyer asked about it then if the realtor knows then they must disclose Mr Johnson asked if they could have copies of the exhibits that were provided to the Board Mr Hewitt stated yes There was no further discussion Staff recommendation is for preliminary approval Upon a motion by Mr Letchworth to approve Carolina Packers Tract Subdivision , seconded by Mr Caldwell , with Ms Byrd , Ms Holmes and Ms Davis in opposition The Planning Board approved Carolina Packers Tract Subdivision by a vote of 4 - 3 at the May 18 , 2021 Planning Board Meeting 3PageConditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road frontage 8 Complete improvements or provide performance guarantee 9 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 10 Fee - in - lieu of open space shall be paid prior to recording 11 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 12 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 13 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 14 A driveway permit and subdivision design approval must be obtained prior to construction 15 All design aspects of the plans shall comply with the c urrent NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and P olicy on Street and Driveway Access to North Carolina Highways 16 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 17 Sight distance triangles required at entrance for road to be considered for NCDOT future maintenance [ Public Utilities ] 18 Stormwater & Erosion Control Permits Required 19 Stormwater Statement Required 4PagePage pageNumber520 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call may be necessary 21 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 22 Provide “ No Parking Fire Lane ” signs at Fire Hydrants 23 Provide Fire Flow report and hydrant distribution plan Jasso Tract Subdivision Owner Jose Jasso Developer Jose Jasso Surveyor True Line Surveying Acreage Lots 2001 acres , 2 lots Tax ID 11N02060C Location 115 Sweet Gum Dr Mr Marr introduced the case and referenced the above information Mr Curk Lane , Surveyor , explained there have been lots cut out of this tract within the past 5 years so even though this is a minor with 2 lots , it puts it in the major category Mr Letchworth asked about clarification on access Mr Lane stated it would be an access and utility easement There was no discussion Staff recommendation is for preliminary approval Upon a motion by Mr Caldwell to approve Jacco Tract Subdivision as shown , seconded by Ms Hackler and carried by a unanimous vote of 7 - 0 , Jacco Tract Subdivision was approved at the May 18th , 2021 Planning Board Meeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road frontage 5PagePage pageNumber68 Complete improvements or provide performance guarantee 9 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 10 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 11 Fee - in - lieu of open space shall be paid prior to recording 12 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 13 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 14 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 15 A driveway permit and subdivision design approval must be obtained prior to construction 16 All design aspects of the plans shall comply with the c urrent NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and P olicy on Street and Driveway Access to North Carolina Highways 17 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 18 If 17,000 Sf of impervious area or more is planned to be added , a Stormwater Permit is required 19 If an acre or more will be disturbed , an Erosion Control Permit is required 20 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call may be necessary 21 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 22 Provide access road detail Sweet Gum Dr must allow for fire engine access 23 Provide grade information 24 Provide turn around for emergency vehicles 25 Provide fire flow report and hydrant distribution plan 6PagePage pageNumber7Branch Chapel Church Rd Tract Subdivision Owner William R Pounds Developer William R Pounds SurveyorTrue Line Surveying Acreage Lots 10976 acres , 9 lots Tax ID 11M07014 Location 400 Block of Branch Chapel Church Rd Mr Marr introduced the subdivision and referenced the information listed above Mr Curk Lane , Surveyor , explained the cul - de - sac and how it would be a hammerhead type that meets the fire code This tract of land was brought to the Board before by a previous landowner , he stated He added a private soil scientist has been out on site and approved all the lots so the lot lines should not change He concluded that the mail kiosk is located on the map Ms Hope Jackson , 518 Branch Chapel Church Rd , stated it is a quiet area and most everyone gets along In the past few years , she added , that the new people moving in do not look after their trash or grass and she has concerns about this as well as more traffic and more shooting of guns She concluded that it doesn’t seem fair to the ones like her that have lived in the area forever Ms Tracy Blake , lives next to this property and has for 16 years , added the previous developer came before the Board and it was denied at that time He stated there are more and more subdivisions coming to this area He has concerns about the noise this will create Mr Steve Jackson , 518 Branch Chapel Church Rd , states there are no large subdivisions on that road currently and he doesn’t believe this is the area for it This would be a start for many to come , he added He thinks this is only for this gentleman to make money The community needs to be considered , he concluded Mr Brian Gearheart , 438 Branch Chapel Church Rd , stated he supports this subdivision and as a real estate developer he believes this is the highest and best use for the area There was no further discussion Staff recommendation is for preliminary approval Upon a motion by Ms Hackler to approve Branch Chapel Church Rd Tract Subdivision , seconded by Ms Holmes and carried by a unanimous vote of 7 - 0 , Branch Chapel Church Rd Tract Subdivision was approved at the May 18th , 2021 Planning Board Meeting 7PagePage pageNumber8Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Complete improvements or provide performance guarantee 8 Stubout Street extension signage in accordance with LDC Sec 14 - 226 g 9 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 10 Show to whom open space is dedicated 11 Provide 20 ’ fee simple access to open space 12 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 13 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 14 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 15 A driveway permit and subdivision design approval must be obtained prior to construction 16 All design aspects of the plans shall comply with the c urrent NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and P olicy on Street and Driveway Access to North Carolina Highways 17 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 18 Sight distance triangles required at entrance for road to be considered for NCDOT future maintenance [ Public Utilities ] 19 Stormwater & Erosion Control Permits Required 20 Stormwater Statement Required 8PagePage pageNumber921 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call may be necessary 22 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 23 Provide access road detail and “ No Parking Fire Lane ” signs at fire hydrants 24 Provide fire flow report and hydrant distribution plan Raleigh Rd - Johnson Tract Subdivision OwnerJohn Johnson Developer John Johnson Surveyor True Line Surveying Acreage Lots 15495 acres , 5 lots Tax ID 13E04019 Location 4800 Block of Raleigh Rd Mr Marr introduced the subdivision and referenced the information listed above Mr Curk Lane , Surveyor , stated they accept all the staff comments as is The new fire hydrant that was recommended will be installed They are requesting a waiver because there is not enough land to build a street and build the lots There is also a power line easement as well One access point , he added , is all they are requesting and it is a hardship due to the land Ms Davis asked if all the homes would come off the “ T ” Mr Lane replied yes There was no further discussion Staff recommendation is for denial , due to not having an internal dedicated public right of way However , DOT has agreed to approve it based on the driveway permit Mr Letchworth stated that he would like to see some guidance in the future or something in the ordinance about how many lots can be accessed in situations like this Upon a motion by Ms Holmes to approve Raleigh Rd - Johnson Tract Subdivision and grant the waiver , seconded by Mr Hudson and carried by a vote of 7 - 0 , Raleigh Rd - Johnson Tract Subdivision was approved at the May 18th , 2021 Planning Board Meeting 9Page0Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Complete improvements or provide performance guarantee 6 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 7 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 8 Show to whom open space is dedicated 9 Provide 20 ’ fee simple access to open space 10 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 11 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 12 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 13 A driveway permit and subdivision design approval must be obtained prior to construction 14 All design aspects of the plans shall comply with the c urrent NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and P olicy on Street and Driveway Access to North Carolina Highways 15 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 16 Stormwater Permit Required 17 Erosion Control Permit required if an acre or more will be disturbed cumulatively 18 Stormwater Statement Required 19 A reasonable impervious area limit should be used per lot This should allow for homeowner additions as well 10Page120 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 21 401 404 permitting may be required if any wetlands will be impacted 22 Property is located limited to 15 impervious area without stormwater management [ Emergency Services ] 23 Need to install a fire hydrant to prevent blocking of Raleigh Rd in emergency 24 Improve access roads Laurer Tract Subdivision Owner Craig & Mark Laurer , Debra Cook , Jonathon Laurer Developer James Lipscomb Surveyor Adams & Hodge Engineering Acreage Lots 4951 acres , 38 lots Tax ID 16J02015 Location 776 Maggie Way Mr Marr introduced the subdivision and referenced the information listed above Ms Emily Beddingfield , Representative for Developer , Urban Planner , handed out materials for the Board She explained this was near the Wake County Line and explained the growth in that area She continued that they are nowhere near the allowed density and will have less homes vs how many could be built Ms Hackler stated this was a lot of information to digest and she wishes they had this information ahead of time Ms Davis referenced all schools in this district are over capacity Mr Herbert Case , 16750 Buffalo Rd , expressed concerns about traffic and more and more subdivisions lots coming to this area Improvements have not been started on Maggie Way as of yet nor to the intersection , he added He explained the congestion in the area is already bad before this projected plan He concluded that he would like to see more open space areas and more parks as well as the speed limit lowered There was no further discussion Staff recommendation is for preliminary approval Upon a motion by Mr Letchworth to approve Laurer Tract Subdivision , seconded by Ms Holmes and carried by a unanimous vote of 7 - 0 , Laurer Tract Subdivision was approved at the May 18th , 2021 Planning Board Meeting 11Page2Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road frontage 8 Complete improvements or provide performance guarantee 9 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 10 Fee - in - lieu of open space shall be paid prior to recording 11 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 12 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 13 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 14 A driveway permit and subdivision design approval must be obtained prior to construction 15 All design aspects of the plans shall comply with the c urrent NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and P olicy on Street and Driveway Access to North Carolina Highways 16 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 17 Stormwater & Erosion Control Permits Required 18 Stormwater Statement Required 19 A reasonable impervious area limit should be used per lot This should allow for homeowner additions as well 12Page320 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call may be necessary to determine a start point 21 401 404 permits as well as buffer authorization is required for the stream crossing 22 Property is and limited to 15 impervious area without stormwater management [ Emergency Services ] 23 Provide “ NO PARKING FIRE LANE ” signs at fire hydrant locations 24 Provide road profile to show grades 25 Provide fire flow report There was a brief 15 minute break Rezoning and Special Use Requests Rezoning Case 21 - 08 Rezoning Petition Agricultural Residential AR to General Business GB Tax ID 16L03046J Owner Lloyd Murphy Applicant Lloyd Murphy Location 13555 NC HWY 96 in Wilders Township Mr Marr introduced the case and referenced the information listed above Mr Lloyd Murphy , Owner Applicant , stated this was rezoned in 2017 to GB - SUD and there has been interest in the past but there werent enough rooftops during that time Since then it has changed It reverted back to AR after two years and now they would like to rezone once again as there has been more interest He referenced gas stations being interested Ms Linda Murphy , Owner Applicant , stated residents have tripled over the past few years as has traffic Mr Letchworth asked for clarity on GB district Mr Marr explained what could be included 13Page4Mr Murphy stated that he asked staff how he could rezone without having to worry about the 2 year element running out and he was told to do straight rezoning and not special use He explained the surrounding area wants a gas station and they have had a petition before signed stating such Mr DeLaine asked staff if there was another zoning district besides GB that this would fit into Mr Marr stated CB and NB would allow for fewer pumps but it could be allowed in those In NB it is limited to 3500 sq ft and 6 pumps in CB would allow for 10 pumps but GB would allow as many as requested Mr Letchworth stated GB is too wide of a range of uses and without a special use there are no conditions He would like to see a more limited less intense use Mr Newton discussed the ordinance changes and conditional zoning after July 1 and added this may be an option STAFF RECOMMENDATION Denial , due to inconsistency with the Johnston County Comprehensive Plan Upon a motion by Mr Letchworth to table for 30 days Rezoning Case 21 - 08 for the owners to have the opportunity to discuss with staff what is the best route to take , seconded by Ms Holmes , Rezoning Case 21 - 08 was tabled to June 2021 by a unanimous vote of 7 - 0 at the May 18 , 2021 Planning Board Meeting Rezoning Case 21 - 09 The Applicant Mr Donnie Adams requested this case be tabled until the June meeting Upon a motion by Mr Caldwell to approve Rezoning Case 21 - 09 , seconded by Mr Letchworth , Rezoning Case 21 - 09 was tabled to June 2021 by a unanimous vote of 7 - 0 at the May 18 , 2021 Planning Board Meeting Rezoning Case 21 - 10 The Applicant Mr Ricky Godwin requested this case be tabled until the August meeting Upon a motion by Ms Hackler to approve Rezoning Case 21 - 10 , seconded by Mr Letchworth , Rezoning Case 21 - 10 was tabled until the August 2021 meeting by a unanimous vote of 7 - 0 at the May 18 , 2021 Planning Board Meeting 14Page5Discussion Items Mr Newton discussed 160D and the amendments associated with it , as mentioned at last month’s meeting Mr Ben Hitchings , Consultant with the UNC School of Government , discussed the specifics of the statutory changes proposed in 2019 which will take effect July 1 They will create a tool for conditional zoning as well The updates are mainly to comply with the updated state statutes , he added He went on to discuss the subdivision portion and the changes associated with that He discussed site specific vesting plans and how the County can take control of preliminary plats and such Local control was explained as it refers to how long to allow a plan to take place and come to fruition Mr Newton mentioned there would be a joint training session with the BOCC on June 14th and Mr Hitchings will be present during that as well He added that conditional zoning will be much more efficient and it is legislative where the Board will have more discretion He added that the training will be recorded so there will be a link presentation made available to watch at a future date if you cannot make the training date Mr Letchworth made a recommendation to approve the amendments and forward them on to the Board of Commissioners at their June meeting , seconded by Mr Caldwell and carried by a unanimous vote of 7 - 0 at the May 18th , 2021 Planning Board meeting Ms Davis discussed the virtual steering committee meeting last week and stated it went well and public comment would be the next stage The meeting ended at 8 50 pm Respectfully submitted by _______________________________________ Stephanie Richter , Secretary for the Board 15Page